"Lawyer Violated Professional Ethics... Malicious Crime"
Incited False Accusation from Simple Assault to Rape Injury
Attorney Kang Yong-seok, who was indicted for instigating false accusations by encouraging blogger Kim Mina, known as 'Dodo Mom,' was sentenced to a suspended prison term in the first trial.
On the 6th, Judge Lee Jun-gu of the Seoul Central District Court Criminal Division 18 sentenced Attorney Kang, who was charged with instigating false accusations, to six months in prison with a two-year suspension. The court pointed out, "The defendant, as a lawyer, is required to have a high level of morality and ethical awareness, but he instigated false accusations against Ms. Kim to obtain a settlement, which is a serious offense."
Furthermore, the court stated, "In particular, the crime of instigating false accusations involves a rape injury charge, which carries a heavy penalty. If the rape injury had been recognized, the victim would have faced severe criminal punishment, which increases the blameworthiness, and since the defendant has not yet been forgiven by the victim, a punishment commensurate with the responsibility is inevitable." However, the court also considered "the fact that the falsely accused person was cleared of charges without any disadvantage, Attorney Kang's deposit of 20 million won as compensation, and Ms. Kim's suspended prison sentence for false accusation," as reasons for sentencing.
Earlier, Attorney Kang was indicted in June 2021 on charges of instigating false accusations by encouraging famous blogger Kim Mina to accuse Mr. A, a head of a securities firm, of rape causing injury. According to the prosecution's investigation, Attorney Kang knew that in March 2015, Ms. Kim was injured by being hit on the head with a beer bottle by Mr. A and encouraged her in November of the same year to take legal action to pressure him, saying "you can get a settlement."
Despite hearing from Ms. Kim that she was not raped or sexually assaulted, Attorney Kang persuaded her, saying, "It is difficult to get a large settlement with simple assault." Subsequently, a certified letter was sent to Mr. A claiming that he had raped Ms. Kim and then hit her with a beer bottle, but Mr. A did not agree to a settlement. Then, Attorney Kang repeatedly persuaded Ms. Kim and filed a complaint with the police in December of the same year, alleging that "Mr. A sexually assaulted Ms. Kim by touching her body and, when she resisted, hit her on the head with a beer bottle causing injury."
Regarding this, Ms. Kim testified at the trial in June, "It is true that Mr. A hit my head with a beer bottle, but he never forcibly touched me," and "Attorney Kang, who learned about the assault from my injuries, suggested filing a complaint saying 'you can get a settlement.'" Earlier, at the sentencing hearing on the 13th of last month, the prosecution demanded a one-year prison sentence, stating, "Despite being a lawyer, the defendant abandoned professional ethics and instigated false accusations for personal gain, which is a serious offense."
After the verdict, Attorney Kang reportedly did not give any special response to reporters' questions about his thoughts on the sentencing or plans to appeal.
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